Scott v. Haverstraw Clay & Brick Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1891, which affirmed a judgment in favor of plaintiff: entered upon the report of a referee. This action was brought to recover damages for the breach of certain covenants in a lease. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1891, which affirmed a judgment in favor of plaintiff: entered upon the report of a referee. This action was brought to recover damages for the breach of certain covenants in a lease. The material facts are stated in the opinion. In the first lease the lessee agreed “ to keep and maintain at its own cost and expense a proper and substantial brickyard upon the whole of the demised premises.” This means one yard covering the whole premises. It also means that…
1Opinion of the CourtO’Bkieh, J.
The plaintiff recovered damages for the breach, on the part of the defendant, of certain covenants in a lease of premises used as a brickyard. The lease covered a period of ten years from April 1,1878, and contained the following covenants on the part of the defendant, out of which the claim for damages arises :
“ That it will, at its own proper cost and expense, maintain and keep up a proper and substantial brickyard upon the whole of the demised premises. That it will keep and pre serve all the Buildings, sheds, docks, pits, and other improvements, now on said premises belonging to the party…
2Cases cited1 opinion
- Loughran v. . RossNew York Court of Appeals · 1871
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- Seymour v. PicusNew York Court of Common Pleas · 1894
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